Ex Parte Howlet

801 So.2d 30 (2000)

Ex parte Benjamin HOWLET.

(In re Benjamin Howlet v. State).

1981736.

Supreme Court of Alabama.

June 30, 2000.

Rehearing Denied September 1, 2000.

Charles H. Pullen, Huntsville; and Hilda Trapp Smith, Florence, for petitioner.

Bill Pryor, atty. gen., and Hense R. Ellis II, asst. atty. gen., for respondent.

LYONS, Justice.

Benjamin Howlet was convicted of two counts of murder made capital because he committed the murder by shooting the victim while the victim was in a vehicle, § 13A-5-40(a)(17), Ala.Code 1975; and because Howlet was in a vehicle when he fired the shot, §…